Reopening the Library

Manitoba has done a fantastic job at reducing the spread of COVID-19. At the Great Library, we’re happy to welcome you back to in person visits – with some restrictions.

In order to follow public health orders, we will restrict access to lawyers and the judiciary only, and only when staff are present. At this time staff will be available from 8:30 – 12:00 and 1:30 – 4:00 Monday through Friday. We ask that you call us when you reach the door and we will let you in. Please keep your visits to 30 minutes or less.

We continue to be available by email at library@lawsociety.mb.ca. If you require print materials, you can request them by phone or email, and we will collect them for you. You can pick them up at the security entrance on Kennedy, and return them there as well.

Reopening the Library

When the government of Manitoba declared an emergency several weeks ago, we closed the Great Library and began working from home. Surprisingly, or not, we’ve been able to do an amazing amount of work using electronic sources. What we haven’t been able to offer is temporary office space for lawyers while in the courthouse.

Planning to reopen the library is a challenge. It’s a semi-public space with a lot of high-touch surfaces. We have to keep staff safe as well as our clients. Any print materials must be quarantined before someone else can touch them. All people entering will have to ensure they are healthy, sanitize their hands at the entrance, and limit the amount of movement they do in the library.

We hope to have our plan in place to reopen on May 25th with limited access to lawyers and the judiciary only. Stay tuned!

Justice Adapting – Manitoba Edition

As COVID-19 events continue to unfold and have an impact on how law is practiced and cases are heard (remotely) in court, legal professionals need timely information on the new procedures. Join LexisNexis Canada as they host:


Speakers:
Honourable Chief Judge Margaret Wiebe of the Provincial Court
Honourable Chief Justice Glenn Joyal Court of the Queen’s Bench
Honourable Chief Justice Richard Chartier of the Court of Appeal


During this webinar we will discuss how their courts are continuing to adapt in light of restricted operations due to COVID-19. They will provide insight into questions such as their experiences in operating virtual courtrooms, the use of judicial discretionary powers to achieve just and fair results, plans for further adaptations, technological successes and challenges, and which processes, if any, the courts will continue to adopt in the post-pandemic world.

Register here.

ONCA on Post-verdict Delay

The Ontario Court of Appeal recently released a decision reducing the appellant’s 30 month sentence by five months for unreasonable post-verdict delay. R. v. Hartling, 2020 ONCA 243, concerns the amount of time it took to submit a Gladue report to the court.

From the decision by Benotto, J.A.

[96]      The post-verdict delay is another matter. It took 14 months after conviction for the sentence to be imposed. This delay was not caused by ineffective judicial management. It was not caused by the appellant, nor was it caused directly by the actions of the prosecutor. It was caused by the lack of institutional resources to obtain a Gladue report.

[97]      Immediately upon conviction, trial counsel obtained an order for a Gladue report from the trial judge. However, court administration services denied funding. At the time – as difficult to understand as it seems – there was only one Gladue writer in the Algoma district. There were no Gladue writers provided by Aboriginal Legal Services in the Algoma district. Therefore, there were only two options: (a) paying privately out of pocket; or (b) obtaining Legal Aid funding. Ultimately, the appellant, with the assistance of his counsel, chose to pay privately.

Further commentary is available from The Lawyers Daily.

New Journals added to HeinOnline

Our subscription to HeinOnline just got even better. Eleven new journals have been added to their collection, including Canadian Tax Journal, published by the Canadian Tax Foundation. HeinOnline is available to members of the Law Society of Manitoba by signing in to the Members Portal and clicking on “Library Resources”.

As we continue to work remotely, being able to access a full library of legal journals wherever you have an internet connection is a valuable resource. Be sure to check out all of the content we provide for you, and don’t hesitate to contact us for help with legal research.